How to define the standard of workers compensation for fractures

You can consult lawyer Wang Tian (137 8000 4288) for compensation of work-related injury insurance benefits, and you can claim work-related injury insurance benefits according to the appraisal conclusion. Depending on the level of disability, the compensation received is different. The main compensation is:

Medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary for the period of leave of absence, hospital meal allowance, nursing expenses, transportation expenses, disability allowance, etc. The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year. For specific cases, it is recommended to consult with a professional lawyer team.

1. It is recommended that the worker urge the employer to submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury, and if the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the employee himself can also directly submit an application for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury;

2. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

3. After the identification, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and provide the relevant information of the work-related injury determination decision and the employee's work-related injury medical treatment;

4. After the work-related injury is identified, the employee can apply for the labor ability appraisal at the end of the work-related injury appraisal, and then enjoy the work-related injury treatment stipulated in the "Work-related Injury Insurance Regulations" according to the appraisal conclusion;

5. If the time for the identification of work-related injuries is missed, it is difficult to protect the rights and interests.

6. If the unit refuses to compensate, it is recommended to apply for labor arbitration to protect its rights.

7. The appraisal is a professional judgment conducted by the forensic doctor based on the medical history information provided by the worker (such as: medical records and hospital films, etc.), and the lawyer cannot only make an appraisal based on your statement, and the compensation amount can only be calculated after the appraisal of labor ability.

Hello, generally speaking, fractures can constitute a work-related injury of grade 10, as for the compensation standard, the compensation standard is different in different places.

Legal Analysis: Minor fractures and hidden fissures do not meet the criteria for injury and disability. More severe can be identified as grade 10 or higher.

In 2016, the criteria for the identification of work-related injuries remained unchanged and the previous criteria for judging will continue to be used. According to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014, grade 10, grading principle, partial organ defect, abnormal morphology, no functional impairment, no medical dependence or general medical dependence, no self-care disorder. 11) Patients who have not undergone surgery for meniscus injury or cruciate ligament injury of the knee; 12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body; 13) Mild dysfunction left after laceration of large joints, tendons and ligaments of the limbs; Grade 10 disability is 7 months' salary;

If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:

13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for congratulatory work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

The compensation standards for fracture work-related injuries are as follows: 1. Medical expenses, hospital meal subsidies, transportation expenses for medical treatment in other places, and accommodation expenses; 2. **** fee, assistive device fee, living care fee; 3. Wages during the period of suspension of work; 4. One-time disability subsidy; 5. Disability allowance; 6. One-time disability employment subsidy and one-time work-related injury medical subsidy, etc. If an employee suffers an accident injury or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

Regulations on Work-related Injury Insurance

Article 30. Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injury meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standard, it shall be paid from the work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.